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Dictionary of Law |
Founded: 1923 de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary lie detector test :: n. a popular name for a polygraph which tests the ... be referred to. See also: polygraph dying declaration :: n. the statement of a mortally injured person who ... as no reason not to tell the truth. decedent :: n. the person who has died, sometimes referred to ... the "deceased." See also: deceased deceit :: n. dishonesty, fraudulent conduct, false statement ... . See also: fraud misrepresentation demand note :: n. a promissory note which is payable any time the ... allments. See also: promissory note deceased :: 1) adj. dead. 2) n. the person who has died, as us ... ore genteel word is the "decedent." debtor in possession :: n. in bankruptcy proceedings when a debtor has fil ... n possession." See also: bankruptcy deception :: n. the act of misleading another through intention ... ent actions. See also: deceit fraud decide :: v. for a judge, arbitrator, court of appeals or ot ... rding to the law as he/she sees it. declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note declaration :: n. 1) any statement made, particularly in writing. ... blic. See also: affidavit declarant declarant :: n. the person making a statement, usually written ... also: affiant affidavit declaration decision :: n. judgment, decree or determination of findings o ... (court). See also: decree judgment debtor :: n. 1) a person or entity that owes an amount of mo ... the "debtor." See also: bankruptcy debt :: n. 1) a sum of money due to another. 2) obligation ... mount owed. See also: common counts demise :: 1) v. an old-fashioned expression meaning to lease ... r life. 3) n. death. 4) n. failure. de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis. redeem :: v. to buy back, as when an owner who had mortgaged ... so: foreclosure mortgage redemption redemption :: n. the act of redeeming, buying back property by p ... ts of foreclosure. See also: redeem registry of deeds :: n. the records of land title documents kept by the ... mployee to locate. See also: record de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds. death row :: n. nickname for that portion of a prison in which ... o: capital punishment death penalty death penalty :: n. the sentence of execution for murder and some o ... rder and some other capital crimes. dealer :: n. anyone who buys goods or property for the purpo ... ins taxes by buying other property. declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief declaratory relief :: n. a judge's determination (called a "declaratory ... ter. See also: declaratory judgment defense :: n. 1) a general term for the effort of an attorney ... tiff. See also: affirmative defense defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective defective :: adj. not being capable of fulfilling its function, ... t. See also: defect defective title deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure deficit :: n. a shortage, less than is due, or in the case of ... l of government except the federal. deliberation :: n. the act of considering, discussing and, hopeful ... ssions, voting and decision-making. delinquent :: 1) adj. not paid in full amount or on time. 2) n. ... the law as in juvenile delinquent. deliberate :: 1) adj. (dee-lib-er-et) done with care and intenti ... any group including a legislature. delayed exchange :: n. an exchange of property to put off capital gain ... method and survived an IRS lawsuit. degree of kinship :: n. the level of relationship between two persons r ... there is no will. See also: descent defect :: n. an imperfection, quite often so great that the ... See also: defective defective title defeasance :: n. an antiquated word for a document which termina ... d or contract if some event occurs. dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action deduction :: n. an expenditure which an income tax payer may su ... dded together, reduce the tax owed. remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder decriminalization :: n. the repeal or amendment of statutes which made ... gh clinics and other legal sources. decree :: n. in general, synonymous with judgment. However, ... n's estate, etc. See also: judgment deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander defalcation :: v. from Latin for "deduction," withholding or misa ... ailing to make a proper accounting. delivery :: n. the actual handing to another of an object, mon ... rties. See also: contract deed sale corroborating evidence :: n. evidence which strengthens, adds to, or confirm ... confirms already existing evidence. shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case shareholders' meeting :: n. a meeting, usually annual, of all shareholders ... ctors corporation proxy shareholder show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause civil code :: n. in many states, the name for the collection of ... negligence lawsuits and practices. sidebar :: n. 1) physically, an area in front of or next to t ... See also: approach the bench bench shareholders' derivative action :: n. a lawsuit by a corporation's shareholders, theo ... gement. See also: derivative action clear and convincing evidence :: n. evidence that proves a matter by the "preponder ... See also: beyond a reasonable doubt code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute Code of Professional Responsibility :: n. a set of rules governing the ethical conduct of ... de has been adopted by most states. sex offender :: n. generic term for all persons convicted of crime ... pornography rape sexual harassment shareholder :: n. the owner of one or more shares of stock in a c ... : corporation shareholders' meeting shareholders' agreement :: n. an employment agreement among the shareholders ... re only three or four shareholders. circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence simultaneous death act :: n. a statute in effect in most states which provid ... See also: descent and distribution stay away order :: n. a court order that a person may not come near a ... also: peace bond restraining order stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent stockholder :: n. shareholder in a corporation. See also: shareho ... corporation. See also: shareholder stockholders' derivative action :: n. See also: derivative action shareholders' deriv ... ion shareholders' derivative action burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence stakeholder :: n. a person having in his/her possession (holding) ... ment or agreement. See also: escrow specific devise :: n. the gift in a will of a certain piece of real e ... ther, David." See also: devise will charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer certificate of deposit (CD) :: n. a document issued by a bank in return for a dep ... D before the pledged time runs out. cease and desist order :: n. an order of a court or government agency to a p ... ing which would damage the ecology. codefendant :: n. when more than one person or entity is sued in ... party sued is called a codefendant. collateral descendant :: n. a relative descended from a brother or sister o ... See also: descent and distribution contingent remainder :: n. an interest, particularly in real estate proper ... contingent interest future interest restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax rider :: n. 1) an attachment to a document which adds to or ... sic bill has support. 3) passenger. roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning restraining order :: n. a temporary order of a court to keep conditions ... so: injunction permanent injunction respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. residence :: n. 1) the place where one makes his/her home. Howe ... f incorporation. See also: resident demonstrative evidence :: n. actual objects, pictures, models and other devi ... the trial judge. See also: evidence resident :: n. a person who lives in a particular place. Howev ... the occupation. See also: residence corpus delicti :: n. (corpus dee-lick-tie) Latin for the substantial ... gon, the body of the murder victim. respondeat superior :: (rehs-pond-dee-at superior) n. Latin for "let the ... : agency agent negligence principal consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder self-dealing :: n. in the stock market, using secret "inside" info ... ederal Securities and Exchange Act. self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal. condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain condemnation :: n. the legal process by which a governmental body ... eminent domain inverse condemnation confidential communication :: n. certain written communications which can be kep ... privilege privileged communication confidence game :: n. the obtaining of money from others through tric ... t and confidence. See also: swindle condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition condemnation action :: n. a lawsuit brought by a public agency to acquire ... e also: condemnation eminent domain remainderman :: n. the person who will receive a remainder in real ... real property. See also: remainder dependent :: 1) n. a person receiving support from another pers ... dent on the expert being available. incidental beneficiary :: n. someone who obtains a benefit as the result of ... parent. See also: beneficiary trust incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection on demand :: adj. in a promissory note, a requirement that the ... demand note." See also: demand note in pari delicto :: adv. (in pah-ree dee-lick-toe) Latin for "in equal ... e proof is that both were involved. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment incontrovertible evidence :: n. evidence introduced to prove a fact in a trial ... erson is not the parent of a child. indefeasible :: adj. cannot be altered or voided, usually in refer ... ce to an interest in real property. offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice indeterminate sentence :: n. the prison term imposed after conviction for a ... w in the future. See also: sentence indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. indemnity :: n. the act of making someone "whole" (give equal t ... or will occur. See also: indemnify order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied patent defect :: n. an obvious flaw in a product or a document (suc ... he property description in a deed). hidden asset :: n. an item of value which does not show on the boo ... ets on a profit and loss statement. payable on demand :: adj. a debt on a promissory note or bill of exchan ... e (party to whom the debt is owed). grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title. pendent jurisdiction :: n. in federal procedure, the policy that allows a ... n. (It also may be spelled: pendant parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. holder :: n. a general term for anyone in possession of prop ... older in due course promissory note panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander impleader :: n. a procedural device before trial in which a par ... than having two suits in a series. homicide :: n. the killing of a human being due to the act or ... aughter murder self-defense suicide pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto holder in due course :: n. one holding a check or promissory note, receive ... note. See also: bona fide purchaser insanity defense :: n. the claim of a defendant in a criminal prosecut ... e also: insanity temporary insanity insider :: n. someone who has a position in a business or sto ... ange Act. See also: insider trading juvenile delinquent :: n. a person who is under age (usually below 18), w ... low as 14. See also: juvenile court last antecedent rule :: n. a doctrine of interpretation (construction) of ... o trucks and not boats or tractors. misdemeanor :: n. a lesser crime punishable by a fine and/or coun ... tion are felonies. See also: felony justifiable homicide :: n. a killing without evil or criminal intent, for ... me. See also: homicide self-defense misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain lineal descendant :: n. a person who is in direct line to an ancestor, ... See also: descent and distribution lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection moral turpitude :: n. gross violation of standards of moral conduct, ... r penalty for a criminal defendant. judgment debtor :: n. the losing defendant in a lawsuit who owes the ... winner. See also: judgment creditor interim order :: n. a temporary order of the court pending a hearin ... erlocutory decree restraining order interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time. nolo contendere :: (no-low kahn-ten-durr-ray) n. Latin for "I will no ... f no contest." See also: no contest insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding insider trading :: n. the use of confidential information about a bus ... o catch insiders. See also: insider interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court. inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. judgment by default :: n. See also: default judgment ... n. See also: default judgment joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder negative declaration :: n. a finding by a city council or other local gove ... so: EIR environmental impact report grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed pendente lite :: (pen-den-tay lee-tay) adj. Latin for awaiting the ... enforced until the lawsuit is over. deuce :: n. slang term for a drunk driving conviction. The ... 502 of the California Vehicle Code. devolution :: n. 1) the transfer of title to real property by th ... nment to another. See also: devolve determinable :: adj. defining something which may be terminated up ... es or no longer lives in the house. desertion :: n. the act of abandoning, particularly leaving one ... tody and other post-marital issues. descent and distribution :: n. the system of laws which determine who will inh ... nt inheritance intestate succession devolve :: v. when property is automatically transferred from ... ory sovereign rights to run itself. direct evidence :: n. real, tangible or clear evidence of a fact, hap ... o: circumstantial evidence evidence driving under the influence (DUI) :: n. commonly called "drunk driving," it refers to o ... (DWI), drunk driving, or a "deuce". drop dead date :: n. a provision in a contract or a court order whic ... ng property or entering a judgment. documentary evidence :: n. any document (paper) which is presented and all ... evancy. See also: document evidence dividend :: n. a portion of profit, usually based on the numbe ... . See also: corporation shareholder quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession derivative action :: n. a lawsuit brought by a corporation shareholder ... on director shareholder stockholder deponent :: n. a person testifying (stating answers in respons ... sition. See also: depose deposition deportation :: n. the act of expelling a foreigner from a country ... s usually to the country of origin. depletion :: n. when a natural resource (particularly oil) is b ... nger be able to make money from it. burden :: n. anything that results in a restrictive load upo ... perty to reach his home (easement). denial :: n. a statement in the defendant's answer to a comp ... ative defense answer general denial depose :: v. 1) to ask questions of a witness or a party to ... tion. See also: deponent deposition deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery derelict :: n. something or someone who is abandoned, such as ... iety. See also: abandon dereliction dereliction :: n. 1) abandoning possession, which is sometimes us ... is building up). See also: derelict depreciation reserve :: n. a business fund in which the probable replaceme ... s obsolete and totally depreciated. depreciation :: n. the actual or theoretical gradual loss of value ... e early years of use (accelerated). depreciate :: v. in accounting, to reduce the value of an asset ... ittle value. See also: depreciation ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02) fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. predecease :: v. to die before someone else, as "if my brother, ... estate I give to his son, Eugene." felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder preferred dividend :: n. a payment of a corporation's profits to holders ... of stock. See also: preferred stock Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts. precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis final decree :: n. another name for a final judgment. In states wh ... together). See also: final judgment general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax gender bias :: n. unequal treatment in employment opportunity (su ... statutes. See also: discrimination gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. first degree murder :: n. although it varies from state to state, it is g ... aughter murder second degree murder federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction. federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy equity of redemption :: n. the right of a mortgagor (person owing on a loa ... so: foreclosure mortgage redemption evidence :: n. every type of proof legally presented at trial ... material object objection relevant prudent man rule :: n. the requirement that a trustee, investment mana ... (1994). See also: fiduciary trustee public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. election under the will :: n. in those states which have statutes which give ... arries) left to her under his will. ex delicto :: (ex dee-lick-toe)adj. Latin for a reference to som ... ns which were civil wrongs (torts). exception in deed :: n. a notation in a deed of title to real property ... the transfer (conveyance) of title. preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact executive order :: n. a President's or Governor's declaration which h ... the Congress or state legislature. demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading defraud :: v. to use deceit, falsehoods or trickery to obtain ... longing to another. See also: fraud wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). binder :: n. a written statement of the key terms of an agre ... rance coverage. See also: insurance unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice bona fide purchaser :: n. commonly called BFP in legal and banking circle ... See also: BFP holder in due course youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer American Depository Receipt :: n. called in the banking trade an ADR, it is a rec ... ding the foreign shares themselves. under the influence :: n. one of many phrases for being drunk on alcoholi ... See also: driving while intoxicated underwrite :: v. 1) to agree to pay an obligation which may aris ... antee guarantor insurer underwriter underwriter :: n. a company or person which/who underwrites an in ... ss or project. See also: underwrite undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common warranty deed :: n. a deed to real property which guarantees that t ... : grant deed quitclaim deed warrant tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence bill of attainder :: n. a legislative act which declares a named person ... e I, Section 9 of the Constitution. valuable consideration :: n. a necessary element of a contract, which confer ... t. See also: consideration contract suicide :: n. the intentional killing of oneself. Ironically, ... e manslaughter second degree murder best evidence rule :: n. the legal doctrine that an original piece of ev ... ence in a trial. See also: evidence affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence bona fide :: adj. Latin for "good faith," it signifies honesty, ... t doubt on the right to hold title. surrender :: v. 1) to turn over possession of real property, ei ... lf up to law enforcement officials. ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer trade secret :: n. a process, method, plan, formula or other infor ... e invention. See also: patent trade trade name :: n. a name of a business or one of its products whi ... t is different. See also: trademark addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently. adeem :: v. to revoke a gift made in a will by destroying, ... e of my death." See also: ademption vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested Twinkie defense :: n. a claim by a criminal defendant that at the tim ... rder. See also: diminished capacity trade fixture :: n. a piece of equipment on or attached to the real ... uch damage. See also: fixture trade adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest. tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy tide lands :: n. land between the high and low tides, which is u ... ch fronts on the sea at that point. trade :: 1) n. a business or occupation for profit, particu ... rade fixture trade secret trademark ademption :: n. the act of adeeming, which is revoking (getting ... gift before death. See also: adeem trademark :: n. a distinctive design, picture, emblem, logo or ... ing trademark. See also: trade name admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence trust deed :: n. another name for a deed of trust, a form of mor ... paid back. See also: deed of trust weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence admission of evidence :: n. a judge's acceptance of evidence in a trial. Se ... ence in a trial. See also: evidence turn states' evidence :: v. for a person accused of a crime to decide to gi ... recommendation of a light sentence. trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments. bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed. transfer in contemplation of death :: n. giving property under the belief of the giver t ... lso: gift in contemplation of death trader :: in U.S. income tax law, a person who deals in prop ... ultation with a C.P.A. or attorney. tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer perjurer :: n. a person who intentionally lies while under an ... alse information. See also: perjury indecent exposure :: n. the crime of displaying one's genitalia to one ... d give the exposer a sexual charge. legal tender :: n. all money issued by the government. ... all money issued by the government. jurisprudence :: n. the entire subject of law, the study of law and ... e study of law and legal questions. judgment debt :: n. the amount of money in a judgment award to the ... ee also: judgment judgment creditor indemnify :: v. to guarantee against any loss which another mig ... r harmless. See also: hold harmless negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort deleterious :: adj. harmful. ... adj. harmful. delegate :: 1) v. to assign authority to another. 2) n. a pers ... tuency, interest group or business. declaration of trust :: n. the document signed by a trustor (settlor) crea ... also: settlor trust trustee trustor corporation :: n. an organization formed with state governmental ... ation public corporation securities deliver :: v. to actually hand an object, money or document t ... ject, money or document to another. devise :: 1) v. an old-fashioned word for giving real proper ... so: bequest gift legacy remise will disorderly house :: n. 1) polite term for house of prostitution. 2) pl ... tion. 2) place of illegal gambling. disorderly conduct :: n. 1) actions that disturb others. 2) minor crimin ... peace, and loud threats or parties. devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. desert :: v. to intentionally abandon a person or thing. ... tionally abandon a person or thing. vendee :: n. a buyer, particularly of real property. ... yer, particularly of real property. stock in trade :: n. the inventory of merchandise held for sale. ... ntory of merchandise held for sale. Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1 pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars. uninsured motorist clause :: n. the clause in a policy of insurance on an autom ... l pay its insured's actual damages. care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest extenuating circumstances :: n. surrounding factors (sometimes called mitigatio ... See also: mitigating circumstances ipso facto :: (ip-soh fact-toe)prep. Latin for "by the fact itse ... ot entitled to a driver's license." retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto occupational hazard :: n. a danger or risk inherent in certain employment ... e of death or injury while at work. abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement conspiracy :: n. when people work together by agreement to commi ... d conspiracy. See also: conspirator standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence contribution :: n. 1) donation to a charity or political campaign. ... f $3,000 from each of his partners. environmental impact report :: n. a study of all the factors which a land develop ... See also: EIR negative declaration vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability credible witness :: n. a witness whose testimony is more than likely t ... ther factors. See also: credibility assumption of risk :: n. 1) taking a chance in a potentially dangerous s ... d be damaged or prove unprofitable. passenger :: n. a rider who has paid a fare on a train, bus, ai ... also: common carrier guest statute pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act partial disability :: n. the result of an injury which permanently reduc ... erson's normal functioning is gone. loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. private nuisance :: n. the interference with an individual's peaceful ... See also: nuisance public nuisance income tax :: n. a tax on an individual's net income, after dedu ... al government. See also: income tax subrogor :: n. a person or entity that transfers his/her/its l ... ges. See also: subrogation subrogee fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud peace bond :: n. a bond required as part of a court order to gua ... ee also: injunction stay away order guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule dram shop rule :: n. a statute (Dram Shop Act) or case law in 38 sta ... tervening cause, namely, the drunk. child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss. joint enterprise :: n. a generic term for an activity of two or more p ... liability joint venture partnership foreseeable risk :: n. a danger which a reasonable person should antic ... reseeable. See also: foreseeability employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence quasi corporation :: n. a business which has operated as a corporation ... poration de facto corporation quasi due care :: n. the conduct that a reasonable man or woman will ... "reasonable" man or woman would do. joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint power of appointment :: n. the right to leave property by will, transfer, ... death of the person with the power. power of acceptance :: n. the ability to accept an offer and thus create ... ecide to accept the original offer. payment in due course :: n. the giving of funds to the holder of a promisso ... nds. See also: holder in due course payable :: 1) adj. referring to a debt which is due. A debt m ... liabilities (debts) of a business. practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis." private property :: n. land not owned by the government or dedicated t ... ernment or dedicated to public use. pawn :: v. to pledge an item of personal property as secur ... nsed by the state. See also: pledge pay :: v. to deliver money owed. ... v. to deliver money owed. private parts :: n. men's or women's genitalia, excluding a woman's ... duction and/or sale of pornography. whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving. private carrier :: n. one who provides transportation or delivery of ... also: common carrier guest statute power :: n. the right, authority and ability to take some a ... g legal rights and many other acts. preferred stock :: n. a class of shares of stock in a corporation whi ... on stock corporation dividend stock prior(s) :: n. slang for a criminal defendant's previous recor ... es for the third felony conviction. prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone). principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior penitentiary :: n. a state or federal prison in which convicts are ... mission of major crimes (felonies). pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will penalty :: n. 1) in criminal law, a money fine or forfeiture ... contractor fails to complete a job. wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain peeping tom :: n. a person who stealthily peeks into windows, hol ... n the basis of invasion of privacy. privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth pedophilia :: n. an obsession with children as sex objects. Over ... also: molestation pornography rape priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse"). peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers penal :: adj. referring to criminality, as in defining "pen ... ntiary confining convicted felons). peer review :: n. an examination and evaluation of the performanc ... claiming damages due to negligence. ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. waiver :: n. the intentional and voluntary giving up of some ... ssed on the record. See also: waive partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property. partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner precatory :: adj. referring to a wish or advisory suggestion wh ... lutely prevent her from selling it. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent partial verdict :: n. in a criminal trial, the result when the jury f ... re other charges. See also: verdict partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items. parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule will :: n. a written document which leaves the estate of t ... will and testament probate testator voluntary bankruptcy :: n. the filing for bankruptcy by a debtor who belie ... kruptcy court. See also: bankruptcy voting trust :: n. a trust which solicits vote proxies of sharehol ... ation proxy shareholder stockholder parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again. widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure preference :: n. in bankruptcy, the payment of a debt to one cre ... nds or assets. See also: bankruptcy preemptive right :: n. the right of a shareholder in a corporation to ... also: corporation shareholder stock pro forma :: 1) prep. Latin for "as a matter of form," the phra ... se in annual sales or 6% inflation. pro bono :: adj. short for pro bono publico, Latin for "for th ... cation organizations and charities. primogeniture :: n. from Latin for "first born," the ancient rule f ... oes not exist in the United States. voidable :: adj. capable of being made void. Example: a contra ... ot necessarily void. See also: void paternity suit :: n. a lawsuit, usually by a mother, to prove that a ... d to a prompt and quiet settlement. voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge wanton :: adj. 1) grossly negligent to the extent of being r ... sexually immoral and unrestrained. passive :: adj. referring to being inactive. A "passive trust ... ment and interest on bank accounts. prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending pro tanto :: : (proh tahn-toe) Latin for "only to that extent." ... r payments for one year, pro tanto. patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent white collar crime :: n. a generic term for crimes involving commercial ... committed by "blue collar" workers. privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege per capita :: adj. Latin for "by head," meaning to be determined ... ivided equally among those persons. petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing. polygraph :: n. a lie detector device, from Greek for "many" (p ... swered. See also: lie detector test pornography :: n. pictures and/or writings of sexual activity int ... courts to follow. See also: obscene political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues. picketing :: n. standing or parading near a business or governm ... es or threats to the public safety. pierce the corporate veil :: v. to prove that a corporation exists merely as a ... ling with it. See also: corporation vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty permit :: 1) v. to allow by silence, agreement or giving a l ... f public revenue. See also: license personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. prescriptive easement :: n. an easement upon another's real property acquir ... on. See also: easement prescription pimp :: n. a person who procures a prostitute for customer ... also: pander panderer prostitution police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes. plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing plaintiff's attorney :: n. the attorney who represents a plaintiff (the su ... ee also: defense attorney plaintiff plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead premeditation :: n. planning, plotting or deliberating before doing ... e murder malice aforethought murder premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner plain view doctrine :: n. the rule that a law enforcement officer may mak ... : search and seizure search warrant piracy :: n. the crime of robbery of ships or boats on the o ... here the accused has been captured. prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement prerogative writ :: n. an historic generic term for any writ (court or ... ls or another court. See also: writ police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision. plenary :: adj. full, complete, covering all matters, usually ... ring to an order, hearing or trial. warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant permissive :: adj. 1) referring to any act which is allowed by c ... ting contrary to others' standards. price fixing :: n. a criminal violation of federal antitrust statu ... stributors to beat the competition. void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment. prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable post :: v. 1) to place a notice on the entrance or a promi ... or recording a payment. 4) to mail. possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire peremptory :: adj. absolute, final and not entitled to delay or ... allenges or a date set for hearing. per stirpes :: (purr stir-peas) adj. Latin for "by roots," by rep ... descent and distribution trust will pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn people :: n. the designation for the prosecuting government ... secutions, United States v. Miller. postdated check :: n. a check delivered now with a written date in th ... livery of a bad check was criminal. post mortem :: n. Latin for "after death," an examination of a de ... alled an autopsy. See also: coroner preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information per curiam :: adj. Latin for "by the court," defining a decision ... dentified as the specif- ic author. peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood. preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. presumption of innocence :: n. a fundamental protection for a person accused o ... yond a reasonable doubt presumption permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction positive law :: n. statutory man-made law, as compared to "natural ... 651). See also: natural law statute waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents. perform :: v. 1) to fulfill one's obligations under a contrac ... court order. See also: performance possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess possess :: v. to own, have title to, occupy, physically hold ... ng the estate. See also: possession prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir performance :: n. fulfillment of one's obligations required by co ... nce. See also: specific performance prime suspect :: n. the one person law enforcement officers believe ... in trial. See also: Miranda warning winding up :: n. liquidating the assets of a corporation or part ... ration cy pres doctrine partnership modification :: n. a change in an existing court order or judgment ... terms of child support and custody. M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense mitigating circumstances :: n. in criminal law, conditions or happenings which ... ity heat of passion Twinkie defense mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial modus operandi :: (mode-us ah-purr-and-ee or ah-purr-and-eye) n. fro ... es to disguise a fraudulent scheme. monopoly :: n. a business or inter-related group of businesses ... ust laws license restraint of trade moot point :: n. 1) a legal question which no court has decided, ... f academic interest. See also: moot moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot moot :: adj. 1) unsettled, open to argument or debatable, ... st. See also: moot court moot point monument :: n. 1) an established landmark which a surveyor use ... torn down or substantially altered. mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft mining claim :: n. a description by boundaries of real property in ... g within a specific period of time. metes and bounds :: (meets and bounds) n. a surveyor's description of ... of a parcel or lot are first drawn. mesne profits :: n. profits which have accrued while there was a di ... ed "mesne profits." See also: mesne merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. minor :: n. someone under legal age, which is generally 18, ... rages. See also: legal age maturity minority :: n. 1) in voting, a side with less than half the vo ... See also: legal age majority minor misadventure :: n. a death due to unintentional accident without a ... me. See also: homicide manslaughter mirror wills :: n. the wills of a husband and wife which are ident ... d each names the other as executor. Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all. moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict moratorium :: n. 1) any suspension of activity, particularly vol ... to normal activities and earnings. muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated. multifarious :: adj., adv. reference to a lawsuit in which either ... ed misjoinder. See also: misjoinder mutual :: adj., adv. referring to anything in which both par ... rights, understanding or agreement. mutual wills :: n. wills made by two people (usually spouses, but ... r the other person making the will. necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state. National Labor Relations Board :: n. an independent regulatory commission created in ... see union and organizing elections. N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic move :: v. to make a motion in court applying for a court ... r judgment. See also: motion movant movant :: n. the party in a lawsuit or other legal proceedin ... or judgment). See also: motion move motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. mortgagor :: n. the person who has borrowed money and pledged h ... agee). See also: mortgage mortgagee mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion motive :: n. in criminal investigation the probable reason a ... is not necessary to prove a crime. motion to suppress :: n. a motion (usually on behalf of a criminal defen ... eshold." See also: motion in limine motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion merchantable :: adj. a product of a high enough quality to make it ... taminated or flawed. See also: sale mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate factor :: n. 1) a salesman who sells in his/her own name on ... ing that contributes to the result. malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required. ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted. maritime law :: n. Also called "admiralty law" or "the law of admi ... r maritime law. See also: admiralty manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison. manifest :: 1) adj., adv. completely obvious or evident. 2) n. ... ritten list of goods in a shipment. malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note ultrahazardous activity :: n. an action or process which is so inherently dan ... sional auto race on public streets. malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander mark :: n. an "X" made by a person who is illiterate or to ... make the will valid. See also: will market value :: n. the price which a seller of property would rece ... ich are often called "comparables." mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien McNabb-Mallory rule :: n. a federal rule of evidence in criminal trials t ... present. See also: Miranda warning may :: v. a choice to act or not, or a promise of a possi ... sion or regulation. See also: shall maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration meet and confer :: n. a requirement of courts that before certain typ ... s which are freighted with emotion. mental cruelty :: n. a term, rapidly going out of fashion and out of ... history. See also: cruelty divorce mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering memorandum :: n. 1) a brief writing, note, summary or outline. 2 ... r "The decision below is affirmed." meeting of the minds :: n. when two parties to an agreement (contract) bot ... eant his cattle. See also: contract maturity :: n. 1) the date when the payment of the principal a ... exchange legal age promissory note matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped. martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property Massachusetts Trust :: n. a business in which the investors give manageme ... provide for eventual distribution. master :: n. 1) employer, in the area of law known as "maste ... ter and servant respondeat superior material witness :: n. a person who apparently has information about t ... e. See also: material trial witness material representation :: n. a convincing statement made to induce someone t ... bility. See also: contract material material :: adj. relevant and significant. In a lawsuit, "mate ... contract is not a material breach. master and servant :: n. the body of law, including statutes and legal d ... lso: employment respondeat superior negative pregnant :: n. a denial of an allegation in which a person act ... suse, just the amount and the date. negotiable instrument :: n. check, promissory note, bill of exchange, secur ... bearer paper bill of exchange check on the stand :: prep. testifying during a trial, in which the witn ... troom and behind a knee-high panel. on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. on or before :: prep. a phrase usually found in a contract or prom ... ich may be done prior to that date. on or about :: prep. a phrase referring to a date or place used i ... reets:." See also: charge complaint open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. opening statement :: n. the explanation by the attorneys for both sides ... rgument. See also: closing argument option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. vested :: adj. referring to having an absolute right or titl ... ed. See also: vest vested remainder operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness words of art :: n. 1) specialized language with meaning peculiar t ... cialize in a particular occupation. official misconduct :: n. improper and/or illegal acts by a public offici ... ty. See also: color of law official officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal. officious intermeddler :: n. a volunteer who assists and/or benefits another ... efit. See also: Good Samaritan rule offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will omnibus clause :: n. 1) an automobile insurance policy clause which ... he beneficiaries named in the will. omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation offshore corporation :: n. a corporation chartered under the laws of a cou ... nds in accounts out of the country. oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract orphan :: n. a child, particularly a minor, whose two natura ... an a child who has lost one parent. parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock willfully :: adv. referring to doing something intentionally, p ... on the property." See also: willful pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption willful :: adj. referring to acts which are intentional, cons ... r was willful." See also: willfully palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader outlaw :: n. popularly, anyone who commits serious crimes an ... us crimes and acts outside the law. outbuilding :: n. a structure not connected with the primary resi ... arn, cabana, pool house or cottage. out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement ostensible agent :: n. a person who has been given the appearance of b ... rent authority ostensible authority out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear. overcharge :: v. 1) to charge more than a posted or advertised p ... osecutor to intimidate the accused. own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. owe :: v. to have a legal duty to pay funds to another. H ... arrived. See also: debt due payable overt act :: n. in criminal law, an action which might be innoc ... terrorist bombing of that building. overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain offeree :: n. a person or entity to whom an offer to enter in ... t is made by another (the offeror). work product :: n. the writings, notes, memoranda, reports on conv ... ies to be employed by the attorney. not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine non-discretionary trust :: n. a trust in which the trustee is directed to inv ... ower in the matter. See also: trust not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice writ of mandate :: (mandamus) n. a court order to a government agency ... al acts. See also: mandamus mandate wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit. note :: n. a promissory note, a written statement of debt ... the note. See also: promissory note non-contestability clause :: n. an insurance policy provision which requires th ... claim is made by the policyholder. non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution new matter :: n. newly claimed facts or legal issues raised (bro ... ee also: affirmative defense answer net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax net :: : n., adj. the amount of money or value remaining ... or net estate. See also: net estate no fault divorce :: n. divorces (dissolutions) in which neither spouse ... and South Dakota. See also: divorce nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages zoning :: n. a system of developing a city or county plan in ... îâñêîé ãàðàíòèè . |